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High Court of Punjab and HaryanaCRM-M/9256/2018dismissed

Mandeep Singh @ Naterpal v. State Of Punjab

2018-05-30Lok Adalat Bench - 22 pages

CRM-M No. 9256 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M No. 9256 of 2018 DATE OF DECISION :- May 30, 2018 Mandeep Singh @ Naterpal

...Petitioner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE H.S. MADAAN Present:- Mr. Veneet Sharma, Advocate for the petitioner. Mr. Saurav Khurana, DAG, Punjab.

*** This petition for regular bail has been filed by petitioner Mandeep Singh @ Naterpal, an accused in F.I.R. No. 17 dated 27.2.2015 for offence under Sections 472, 473 IPC and Sections 21, 27A and 29 of the N.D.P.S. Act registered with Police Station Maqboolpura, District Amritsar. Briefly stated facts of the case as per prosecution story are that on 27.2.2015, when a police party had intercepted a car of white colour near T-point Telephone Exchange in New Golden Avenue, Amritsar four occupants were found to be there. The Car was being driven by Surinder Singh @ Titu son of Darshan Singh. Santokh Singh son of Sampuran Singh of village Durgapur, Police Station Sarali, Sunny Sharma son of Sarfu Ram, resident of village Khera District Jammu, Shehzada Alam son of Sekh Abjal of Bihar were other occupants of the Car.

Their search resulted in recovery of contraband from them. They were accordingly arrested in this case. After registration of F.I.R. the matter was investigated. It came out that the criminals so apprehended had formed an international gang who get heroin from smugglers in Pakistan and distribute it at various places in India. The accused was nominated during the course of investigation. He was declared a Parvinder Singh 2018.06.

CRM-M No. 9256 of 2018 proclaimed offender vide order dated 20.11.2015. He was subsequently arrested. Now he is in judicial custody facing trial. Trial against his co-accused has since been concluded where such such co-accused have been convicted. He had moved an application for regular bail which was declined by Additional Sessions Judge, Amritsar vide order dated 9.8.2017, as such he has approached this Court praying for grant of similar relief which request is being opposed by learned State counsel. I have heard learned counsel for the parties besides going through the record.

The recovery effected from his co-accused amounts to commercial quantity attracting bar of Section 37 of the NDPS Act. No doubt accused is not named in the F.I.R. and no recovery was effected from him but then his name cropped up during the investigation of the case being part of the international gang getting contraband from smugglers across the border and distributing it at various places in India. He was declared a proclaimed offender on 20.11.2015 and arrested after a considerable time. Such type of persons who run away from the process of law cannot be trusted to appear in the Court regularly, if granted concession of bail.

Keeping in view all the facts and circumstances, no case for grant of regular bail to the petitioner is made out, therefore, the petition in that regard stands dismissed.

(H.S. MADAAN) JUDGE May 30, 2018 p.singh Whether speaking/reasoned Yes/No Whether Reportable Yes/No Parvinder Singh 2018.06.01 18:06 I attest to the accuracy and integrity of this document Chandigarh